Rape charge against Norwalk dad dismissed

NORWALK -- A rape charge was dismissed Wednesday after the victim refused to cooperate in the trial of a Norwalk dad, who was accused of drugging and sexually assaulting the 22-year-old babysitter last year.

The single felony count against Kevin Cady, 54, was tossed out by a Norwalk Superior Court judge after the prosecutor told the court he could not proceed with the case, said Sandi Gibbons, a spokeswoman for the Los Angeles County District Attorney's office.

"The victim is uncooperative, so the prosecutor told the court we could not proceed," Gibbons said.

Defense Attorney Daniel Prepas said his client has maintained his innocence throughout the past year and was looking forward to moving on with his life.

"This is basically the criminal justice system working in the way it should work," Prepas said.

Cady was arrested Feb. 29 for the alleged rape of the young woman who he hired through an online baby-sitting service to watch his children while he was at work, according to the felony complaint filed last year.

The charge was thrown out the day Cady's trial was scheduled to begin, court staff said Wednesday morning.

According to court documents, the single father returned home from work early on Jan. 11, 2012, and offered the victim a mixed drink. After consuming the drink, the victim said, she began to feel sleepy and passed out. When she awoke sometime later, the suspect was sexually assaulting her, according to the complaint.

She fled the Norwalk home, in the 14100 block of Bayside Drive, and called the Sheriff's Department, according to court documents.

Though Cady was detained and questioned that day, he was released pending further investigation and the results of a toxicology report, according to the Los Angeles County Sheriff's Department.

The toxicology report showed "the presence of a drug which is normally used in hospitals before surgical procedures, and causes drowsiness and memory loss, was found in the victim's system," according to a Sheriff's Department statement.

An arrest warrant and a search warrant was issued Feb. 29, and Cady was arrested that same day. He was formally charged March 2 with a single count of sexual penetration by a foreign object, according to the criminal complaint.

A judge ruled last summer there was sufficient evidence to proceed with a trial and refused a defense request to dismiss the case.